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Higginbotham v. State

Court of Appeals of Mississippi

April 3, 2018

KEITH HIGGINBOTHAM APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE KEITH HIGGINBOTHAM APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 11/26/2016

          WINSTON COUNTY CIRCUIT COURT HON. GEORGE M. MITCHELL JR.

          ATTORNEY FOR APPELLANT: KEITH HIGGINBOTHAM (PRO SE)

          ATTORNEY FOR APPELLEE: TAYLOR TUCKER

          DISTRICT ATTORNEY: DOUG EVANS

          BEFORE LEE, C.J., CARLTON AND GREENLEE, JJ.

          CARLTON, J.

         ¶1. Keith Higginbotham was convicted of disorderly conduct and public profanity in the Louisville Municipal Court and sentenced to pay a fine of $246.25 for each charge. Higginbotham appealed his conviction to the Winston County Circuit Court. After a bench trial de novo, the circuit court entered an order finding Higginbotham guilty of disorderly conduct and public profanity. The circuit court sentenced Higginbotham to pay a fine of $246.25 for each charge. Higginbotham now appeals.[1]

         ¶2. Finding that the circuit court failed to enter an order disposing of Higginbotham's motion for a new trial, we lack jurisdiction to address Higginbotham's appeal. We therefore dismiss.

         FACTS

         ¶3. Officer Vernon Eichelberger of the Louisville Police Department testified that on July 3, 2016, Higginbotham approached him in the Walmart parking lot and began shouting racial slurs and using profane language. Officer Eichelberger arrested Higginbotham on charges of public profanity and disorderly conduct.

         ¶4. On September 13, 2016, the municipal court found Higginbotham guilty of public profanity and disorderly conduct and sentenced him to pay a fine of $246.25 for each charge. Higginbotham appealed to the circuit court. The circuit court held a bench trial de novo on November 14, 2016, and heard testimony from Officer Eichelberger. Higginbotham represented himself.

         ¶5. After the trial, the circuit court found Higginbotham guilty of public profanity under Mississippi Code Annotated section 97-29-47 (Rev. 2014) and disorderly conduct under Mississippi Code Annotated section 97-35-7(1) (Rev. 2014). On December 2, 2016, the circuit court entered an order sentencing Higginbotham to pay a fine of $246.25 for each charge, plus court costs.

         ¶6. Higginbotham appeals, asserting the following assignments of error: (1) the circuit court erred in excluding the surveillance tapes from evidence; (2) he should not have been held to the same standard as an attorney; (3) the State failed to inform him of the statutes under which he was being charged; ...


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